By Jim Shilander
A judge may determine Friday just how much money would have to be returned to residents, along with what residents might receive proceeds from the city’s Beach Parking Impact Fund as a result of the lawsuit won by attorneys for the Daniel Walker Trust in January.
Attorney Brad Malamud, the public face of the plaintiffs in the case, said Tuesday the hearing had been scheduled for last Friday but that Judge Thierry Colaw was ill. Colaw has not signed the order to return the money.
Malamud said in March, Colaw was unclear about exactly what method would be used to determine who might see funds returned to them. The judge’s order could also clarify whether any monies from the fund spent by the city will have to be returned, as well as how long the city would have to do so. Malamud argues the city should return funds spent after 2010, while the city is arguing for a later date.
The city would also have 60 days from the signing of the order to determine whether it will appeal Colaw’s decision. Malamud said he welcomed the opportunity to potentially set precedent for other cities if the case went to a higher court. The City Council set a summer 2014 deadline to spend funds or else return them, though that decision was made before Colaw’s January ruling.